Concerns have been raised about the protracted trial of former Bafana Bafana shotstopper Senzo Meyiwa, with one legal expert describing the length as highly unusual.
Dr Bongani Nkosi, a senior lecturer of law at the University of Limpopo, said: “In terms of the constitution, there is a right for a trial to begin and conclude within a reasonable time without unreasonable delays.
“The reason for that is that with time, a lot of things can happen; witnesses die, some disappear, and evidence disappears.”
Nkosi further stated that the court has various remedies to avoid delays, like refusing further postponements, establishing the cause of the delay, and taking the people responsible for causing the delays to disciplinary hearings.
The delay in this trial is due to several factors, including the number of defendants, lawyers’ other obligations, and how testimony is presented. This old case was supposed to take an estimated two to three years to finalise.
“But there is something about the presiding judge; he is not so confident about proceeding with the case because at some point he hinted that if the counsel did not want him, he could step down,” Nkosi added.
Nkosi questioned the trial length, while Legal Aid South Africa recently announced that costs have ballooned after it forked out R6.5-million over three financial reporting years, covering legal representation, expert fees, subsistence, and other related expenses.
Case ongoing for over 10 years
The case, involving multiple accused individuals and legal representatives, has drawn significant attention due to its duration and complexity.
The case has been ongoing for over a decade, and the trial started in 2022; however, Legal Aid South Africa told Sunday World that the state closing its case is progress.
“We have noted that the state has closed its case in this matter. This is a major move towards bringing the matter to closure,” Legal Aid South Africa said.
“While we are alive to the cost to the taxpayer of providing legal representation in this matter, we are hopeful that the matter will be finalised in the foreseeable future.”
According to Legal Aid, the Meyiwa murder trial is not a rare occurrence.
“We have, in our experience, seen trials that have dragged on for longer than the current matter.
“In the case of the Meyiwa trial, the fact that the trial had to start afresh when the original judge became unavailable would have contributed significantly to the delay in finalising the matter.
“We cannot prescribe timeframes for any trials. Once legal aid is provided, it is provided for the entire duration of the trial.”
Unpredictable delays cited
University of Johannesburg Law Clinic’s Elton Hart highlighted the unpredictable delays that further lengthened the trial.
“It is not normal for a murder trial to take such a long path, but due to numerous intricacies like the change of a judge and lawyer, it contributed to it taking long,” said Hart.
“However, I have seen trials in the past that were much longer than this, so this is not something new to the system.”
Meyiwa was fatally shot during a home invasion on October 26, 2014, while visiting his girlfriend, singer Kelly Khumalo, in Vosloorus, east of Johannesburg.
Five suspects are in jail for his murder and have all pleaded not guilty to the crime.
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